
A: The minimum is $100. ($50 for the first 10 miles over the limit, plus another $50 ‘head injury surcharge,’ $20 of which is really a state speeding tax and doesn’t go into head injuries fund at all. The driver’s manual and the pre-printed tickets are wrong about this part.) Then beyond the first 10 miles over the limit, it’s an additional $10 for each mile over. So for example, if you were accused of a heinous crime of traveling 73 mph on a highway with a posted speed limit of only 55 mph, the scheduled fine should be $180.


Q: Doesn’t the police officer have to appear in court?
A: Massachusetts law says that the ticket itself is evidence. That means you are presumed guilty because there is a piece of paper saying so. The magistrate will usually find you guilty on this basis no matter what you say. You have the right to appeal the magistrate’s decision to a judge. In theory the same rules of evidence apply, but the judge will often find you not responsible if the police officer doesn’t show up.



Q: Will my ticket affect my insurance rates?







A: Massachusetts law prohibits alternative dispositions of noncriminal traffic offenses. You can’t elect traffic school or probation. The court must find you “responsible” or “not responsible.” There is also no legal basis for a plea bargain to a different offense, and I have never heard of a court accepting such a deal.

The court will probably offer you a reduced fine. If you are from out of state this might be a good deal — Massachusetts may not notify other states of the ticket. For a Massachusetts driver, or anyone who might move to Massachusetts in the next 6 years, this is a bad deal. The average insurance cost for a ticket is $500. If you can see even a 10% chance of winning (for example, because the officer doesn’t show up on appeal), you are better off fighting the ticket.




This is the “basic rule,” and is the law in every state except Montana.


  • Exceeding 30 MPH for 1/8 mile in a “thickly settled” area (business district, or where houses average less than 200 feet apart for 1/4 mile).
  • Exceeding 40 MPH for 1/4 mile on an undivided highway outside a thickly settled area.
  • Exceeding 50 MPH for 1/4 mile on a divided highway outside a thickly settled area.
  • Exceeding 20 MPH in a school zone while children are present. (The state MUTCD supplement says they are to be used only at times and places when children under grade 9 are crossing the street in marked crosswalks on designated school routes on their way to and from school.)





Q: The officer didn’t ask me to sign the ticket.


Q: I got a notice of an “immediate threat” license suspension.
A: State law allows the RMV to suspend a driver’s license for almost any reason after a hearing, or without a hearing if they say the driver is an “immediate threat.” The RMV prefers to declare an immediate threat, because it allows them to skip the hearing and proceed directly to collecting the license restoration fee.


As part of the “Road Rage” campaign the RMV will consider a letter from a police officer as sufficient evidence to suspend a driver’s license as an immediate threat. Police have taken advantage of this to retaliate against drivers. So until the law or RMV policy changes, it is a bad idea to annoy a police officer in Massachusetts. You are likely to face a $50 fine and a 30 day license suspension.


Q: Has laser received judicial notice in Massachusetts?
